CHENNAI: Badar Sayeed, the first woman to head the Wakf Board and the Tamil Nadu Minorities Commission in Tamil Nadu, has filed a PIL in the Madras high court to stop the practice of Muslim clerics or kazis issuing talaq (divorce) certificates.

The first bench comprising acting Chief Justice R K Agrawal and Justice M Sathyanarayanan issued notice to the state and central government, returnable in two weeks.

In her PIL, Badar Sayeed, who was AIADMK MLA between 2001 and 2006 and had also served as additional advocate-general in the high court, said that though kazis had not been statutorily conferred any administrative or judicial power to issue certificates and other documents certifying or approving talaq, they had been continuing the practice unlawfully.

According to her, Kazis Act, 1880 was enacted only for the purpose of attendance of a kazi at marriage, and the Act does not confer any power on them to issue certificates recognising divorces . "It has been repeatedly held that any talaq, unless preceded by mediation or reconciliation, is invalid. But the kazis in Tamil Nadu are unilaterally issuing certificates and documents recognizing talaq," she said.

Seeking to restrain kazis from issuing such certificates and documents, Badar Sayeed further said that kazis were judicial authorities under the Muslim Personal Law once upon a time, but their powers had been taken over by civil courts during the British rule.

Even assuming that the practice of talaq in respect of personal law is constitutionally valid, whether the condition precedent for invoking triple talaq was satisfied or not cannot be adjudicated or inquired into by the kazis. Such a procedure can be conducted only by a court of law, she said.

The petitioner further said that the mandatory conditions for pronouncing triple talaq are not being followed by many Muslim men and that Muslim women were left in lurch due to the lacuna. "They are asked to be satisfied by certain reliefs given under the Muslim Women (Protection of Rights on Divorce) Act, 1986," she said.
===============================================================================================poster by Muslim organization

Translation

"We strongly condemn the Satanic former MLA Badar Sayeed who has filed writ in the High Court to de-recognize right of Qazis to issue divorce certificates.

- O Muslim community! If you wish to live in peace, you cannot live as a Muslim
- Badar Sayeed is a Shaitan who wishes to shake the foundation of the Sharia
- Repeats what Badar Sayeed has done - namely moved High Court to not recognize right of Qazis to issue divorces
- It is noteworthy that such a case is wholly incompatible with Sharia

Who is this Badar Sayeed (worried Sayeed - pun on words in Tamil)
- The Chief Minister's friend from school
- Former MLA
- Former Wakf Board president
- A woman who does not follow any of the Muslim woman's practices

Who is instigating this case?
- On the advice of the Gujarat CM?
- On the advice of the Tamil Nadu CM?
- Note - Can the Indian Civil Law provide more protection to Muslim women than the Sharia?
- How many Muslim women have got justice from the Indian family courts?

Real truth is 90% women are against this sharia,kuria etc all kind of f**ing religious law,they are most affected as there are lots of divorced women with children ,most of them were taken care or sponsored from hindus,even some north state is taking care ,why should government take care of this children where men will be keep marrying and producing children,then they will end with just three times saying of talaaq.But unfortunately muslim women fear to come out and complain

The problem is only hindu atheists have vote banks. Minority atheists don't have vote banks. Left parties are trying to get support of spiritual leaders of minority communities. But they don't care about minority atheists. Hindu organizations will protest if they face problems from minorities. But nobody will protest if minorities face problems from their own community.